The Indiana Court of Appeals has issued a decision in a case called Cupello v. State (pdf link) where it overturned a conviction for battery of a police officer based on the application of Indiana's castle doctrine statute. The basic facts are that an off-duty officer moonlighting as a "courtesy officer" for an apartment complex visited Mr. Cupello to discuss a complaint that Cupello had verbally threatened a manager. The officer, as was his habit, surreptitiously placed his foot slightly within the threshold of the door to block any attempt to shut the door. Mr. Cupello attempted to end the conversation by slamming the door shut, which, of course, struck the officer in the foot, shoulder and head. Cupello then slammed the door twice more before getting the officer to remove his foot. The court found that by placing his foot inside the threshold to block the door from closing, the officer had entered Cupello's apartment. Because the officer had no legal justification for entering the apartment when he placed his foot there, the Court found that the entry by the officer was illegal and Cupello was entitled to use reasonable force to prevent the illegal entry per the statute. Finally, the court held that attempting to slam the door shut was reasonable force.
(H/t Instapundit)
No comments:
Post a Comment